Evidence collection brought into question at Pampa murder trial

Thursday

Jan 30, 2014 at 12:01 AM

The Pampa News

PAMPA - During the second and third day of the murder trial of Joshua Keith Rigo, the Amarillo man accused of killing Lefors resident Kristi Dawn Slatten, DNA evidence presented by the prosecution was brought into question by defense attorney Harold Comer.

Testimony on Tuesday from Phillip Ditto, a Texas Ranger involved in the investigation, revealed blood evidence on three items of Rigo's clothing. There was a spot of blood on his camouflage pants, another spot on one of his boots and another on one of his socks.

It was determined by the Department of Public Safety Crime Lab in Lubbock that the blood found on the pants and boots would not give a good test. Consequently, DPS decided not to test those samples, Ditto said.

On Wednesday morning, a DNA expert from the Lubbock DPS lab, Brent Hester, testified for the prosecution that DNA evidence matching Slatten was found on the heel of one of Rigo's socks. Subsequent DNA testing on the neck swab taken from Slatten and her fingernail scrapings showed no DNA other than her own.

In Comer's cross examination of Ditto on Tuesday, the attorney asked, due to the severity of the crime, why all blood samples from the clothing weren't tested.

The Ranger responded that because of limited resources and criteria for gathering evidence as quickly as possible, DPS chose to do a test only on the sock. Another reason is lack of funding by the department to completely test all materials submitted, Ditto said.

Ditto's statements about the DPS crime lab's testing policy left Comer shaking his head on Tuesday. Again on Wednesday, Comer was shaking his head over the DNA testing policies.

When Comer learned in testimony that a particular test, called YSDR, wasn't used on Slatten's fingernails, he seemed taken aback. A positive YSDR test will show only male DNA, which has both a y- and an x-chromosome. Females have two x-chromosomes.

DPS has such a testing kit. However, the YSDR test has limitations, Hester said, and is only used when it is explicitly requested.

In testimony, it was determined that the Gray County Sheriff's Office sent hair fibers to the lab requesting DNA testing. However, those hairs were not tested because the Lubbock lab does not have an expert in hair testing.

Altogether, 77 pieces of evidence from the three search warrants - the crime scene house, Rigo's person and the room where Rigo was staying in the 800 block of North Dwight Street - were collected by investigators.

Deputy Zach Kidd, GCSO's lead investigator, said Tuesday the protocol is to gather as much evidence as possible during an investigation. However, only 22 items were submitted to the DPS lab for testing, said Deputy Steven White, another GCSO investigator who worked on the case.

Rigo's phone calls

On Wednesday, DPS telecommunications expert Bryan Tripp was called to the stand as a prosecution expert witness.

Tripp, a civilian who works for the department, said information collected from Verizon and AT&T from the two cell phones confiscated from Rigo upon his arrest provided a clear mapping of Rigo's movements from Dec. 31, 2012, to Jan. 1, 2013. Rigo traveled from Lefors to Amarillo and then traveled to Panhandle, where he was arrested.

While traveling, Rigo made early-morning phone calls to his ex-wife in Fritch, Amber Satterwhite, to say that he loved his daughter and that he might not be able to ever see her again.

Satterwhite was a witness for the state on Tuesday. She said the call came "out of the blue."

Rigo's sister, Tiffany Thomas, also was a state's witness Tuesday. She told the court that Rigo called her in Nebraska at 3:22 a.m. to wish her a happy New Year and that he loved her.

Stolen guns

Rigo's father from Amarillo, Daniel Rigo, also testified Tuesday. Daniel Rigo said his son called him and wanted to bring him two rifles and some knives for his Christmas present.

The father said he was alarmed because he knew his son was a felon.

Daniel Rigo asked his son if the guns were stolen, and his son said no, Daniel Rigo said. The father also was concerned that if his son was pulled over for a traffic violation and found with the weapons, he would be charged as a felon in possession of firearms.

Comer asked Daniel Rigo if he was concerned about receiving the two rifles, and the father's reply was, "No, because Joshua said they weren't stolen."

Daniel Rigo did not know the guns were stolen until Texas Ranger Jamie Downs, a distant relative of Daniel Rigo, arrived at his house requesting to search it for the two firearms and knives.

Where was Rigo going when he was caught?

When the defendant delivered the guns to Daniel Rigo, the father noticed the Red Chevrolet Avalanche but did not question his son about the vehicle, as he was more concerned about the firearms.

Carson County Sheriff Tam Terry and Panhandle Police Chief Stacey Hardman were told by dispatchers that Slatten's red Avalanche was spotted at the CEFCO convenience store in Panhandle.

Not wanting to confront Rigo at the store, where innocent bystanders could be hurt if there was gunfire, the sheriff and police chief continued west on U.S. Highway 60 and observed Rigo as he pulled up behind them.

When Terry and the police chief decided Rigo was far enough away from the convenience store, they executed a maneuver in their patrol car to pull over the Avalanche and arrest Rigo.

From there, Rigo was taken to the Carson County Jail where he was searched and Slatten's underwear was found in his coat pocket. Her purse and cell phone were found in the Avalanche.

It never came out in testimony or cross examination why Rigo had the victim's underwear in his pocket.

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